Commission sends proposed ordinance back to planning and zoning for a six-month review

by David Boyle
News Director
The San Juan County Commission tabled a proposed land management ordinance for six months after a lengthy meeting on January 21.
Members of the San Juan County Commission listened to hours of public comments and eventually sent the proposed ordinance for land use development and management in unincorporated San Juan County back to the planning commission to consider and incorporate resident feedback. 
The commission directed the planning department and planning and zoning commission to spend six months on the issue before having it returned to the county commission.
The meeting began with County Planning Administrator Kristen Bushnell giving background on the county land use ordinance.
Bushnell noted that while state code and state law often changes yearly and needs to be updated, San Juan County has often updated zoning ordinances frequently.
Bushnell referenced code changes in the 1950’s, 1970’s and most recently in 2011. An update specifically to Spanish Valley was passed in 2019.
Bushnell shared that the 2011 update is limiting with many uses requiring conditional use permits. Bushnell also explained that with the 2019 Spanish Valley ordinance, having two sets of rules in the county has caused challenges.
Bushnell said since January 2024 about 20 people have worked on the document and noted input from the county recorder, surveyor, road department and others.
“At that point in time, we hired a planning consultant to look at things. They also did maps for us initially and reviewed it for three months.
“We hosted three community workshops. We also sent out public notice postcards to every property owner.
“At that point in time, we thought we were ready for adoption. At the very last second, we realized we wanted to kick this back for more review in the first part of July.”
Bushnell said continued work sessions with the planning commission and an outside consulting attorney reviewed the documents over five months.
“That is what you see before you today. With that in mind, I want to remind everyone that this is not a stagnant document. And as long as I am here, which I plan to be, we will review it every year.
“Our first review cycle is actually planned for April 28 with the Business Base Camp and so this is not a done deal. We are always going to be reviewing this. Comments are open all the time, please reach out to us if you have any concerns.”
Bushnell responded to concerns raised in previous meetings, noting that the document can’t work backwards, meaning the codes will impact development moving forward.
Bushnell added that currently residents cannot live in RV dwellings long term, but the new ordinance would allow for that as long as sanitation, and welfare of occupants were addressed with septic or sewer hookups required and a proposal for one unit for a half acre minimum and two units on an acre maximum. 
It would not apply to seasonal RV camps or hunting camps with occupation less than 180 days in a calendar year. 
Bushnell also noted other uses requested, included hay production, kennels, cosmetic services, metal fabrication, paint and power coating shops, and butcher shops in agriculturally zoned areas. Bushnell also presented zone change requests in various parts of the county.
More than 50 comments regarding the county land use ordinance were heard in the public comment portion of the meeting.
Among the comments was Blanding area resident Kendall Laws. Laws outlined concerns with the ordinance, including the use of an enforcement officer,
“If I’m a property owner and I have a problem with my neighbor’s junk and it is affecting my property, my use and enjoyment of my property, then I need to act like a grown adult property owner and I need to file a complaint with the court against my neighbor and have a judge decide whether that is actually a nuisance or not. It’s not the county’s job and it’s expensive”
Laws also said in his review, the proposed ordinance does not support the long-term general plan of the county.
Laws added that the minimum standard of public involvement in the process is not enough for a county the size of San Juan. Laws quoted Professor Thomas Delong, who said “The only way you can do something well is to do something poorly first.”
Laws added, “There is no other way. So let’s do it right. It’s been done poorly. Let’s do it right and let’s go back and let’s get involved in the way that it needs to be involved.”
The majority of comments at the meeting expressed concern with the ordinance, including the process to create the document, concern about potential infringement on property rights, the complexity of the document, the impact on businesses and concern with enforcement of the ordinance, among common themes expressed by dozens of commenters.
Monticello area resident Shanon Brooks began his comments recognizing the more than 30 hours spent by the volunteer planning commission on the ordinance, as well as the hundreds of hours spent by county staff on the ordinance over the past year. 
“I applaud these efforts. I think it’s great. We do need some regulation, but we got to make this decision together and that’s not happening.
“I appreciate that these are open meetings and that the public is invited, but unlike county commission meetings that deal with ongoing county issues, I would say that most people are completely unaware of the existance of a planning commission.”
Brooks said in his review of more than a year of planning commission meetings, public interaction is low but public input that is given is usually well received.
“Some land use changes are a very big deal, especially on unincorporated county land. We’re talking about changing land use on property that many of us have poured our hearts and our souls and our life savings into. Land that in many cases is our current source of livelihood.
“Land that we dream of growing old on. Land that serves as a gathering place for our families, a place to help wayward grandchildren become grounded without spending thousands and thousands of dollars to meet arbitrary, even urban land use requirements.”
Brooks asked for six months for county residents to review the ordinance now that they are aware of its existence.
“Allow us to civilly engage the planning commission with real life concerns that impact our morale, our income, and our liberty.” 
While many comments asked for the county to delay or reject the ordinance there were several that asked the commission to move forward.
Some residents in northern San Juan County shared satisfaction over the past years they’ve worked with the commission and planning staff on the ordinance.
One resident said that just because people who were at the meeting were against the ordinance doesn’t mean that all county residents don’t support it.
Pack Creek resident Holly Sloan said she was torn knowing all the different concerns voiced.
“We wish there was one approach, but (...) I’m sort of feeling we may just have to embrace the idea that Spanish Valley may need something that’s different than the rest of the community and that we need to be able to be a little bit more nuanced in our land management ordinance.
“At the same time, I’m really torn because I’d like to see this done, and I’m sure a lot of and a lot of people probably feel that way, but I’d also like to see it done as well as possible because I don’t think we’re going to have another chance to do that. It will be hard to redo it.”
One northern San Juan county property owner asked for the ordinance to pass in order to get a business license to operate.
Later in the meeting, Bushnell explained that 40 to 50 business licenses are pending, as well as other building permits that have not been in compliance with the old code but may be with the updated one.
Bushnell says with another six months on the project, she will need to enforce the 2011 ordinance rather than leave the permittees in limbo.
“I have a huge list of follow ups that I have to do to say I’m sorry, but you are in violation.
“You know, if if we can work with you in the future, we will, but you’re in violation right now. Your business permit it not allowed right now. Your building permit is not allowed right now. So, just understand that the longer we drag this out, it is hindering a lot.”
Following hours of public comment, members of the commission weighed in with Commissioner Jamie Harvey proposing that the ordinance be sent back to planning and zoning for six month.
“There are differences in the communities that are being regulated. The only people that know what’s best for them are the residents who live within those zones and the committee needs to hear those recommendations. Also there’s the education piece, a lot are being engaged now, which is good.”
Commissioner Lori Maughan asked for an additional legal review of the ordinance. Maughan also offered appreciation for comments but said in campaigning, especially in La Sal, she saw and heard concerns from residents. 
“People come out there and have been squatting on their properties and areas and so we have to address all the issues.”
Maughan added she herself is a resident of unincorporated San Juan County, noting her household hauls water and maintains their own road, but also recognizes the need for some order.
“There are certain things that planning and zoning have to put in that ordinance based on the law. That needs to be understood I think with everybody, and the next thing I request is that this definitely needs to be a fluid document.
“I feel very strongly that is something that we look at and they do have a process in place. (...) If it were to be passed and we saw a hundred problems with it, let’s not wait a year to fix those problems. Let’s address those and fix those at the appropriate time.”
Maughan also asked that the residents who took time to comment and weigh in on the ordinance stay vested in the issue.
Commissioner Sylvia Stubbs added her appreciation of the planning commission work, noting the volunteers often miss meals and events, followed by a long drive home following hours of meetings.
“I just want to let you know they’re hard workers, they volunteer, they don’t get paid.
“This one has been ... really hard for me and I want to acknowledge all the work that Kristen has done, but some of the things I heard today not only from you and I’ve been hearing... I appreciate your participation and I know I learned a lot.”
Members of the commission unanimously agreed to send the land management ordinance back to the planning commission to review for six months.
Members of the commission also heard a brief report from US Forest Service employee Orlando Cortez, who was recently appointed District Ranger for the Monticello District after serving as deputy ranger.
Cortez gave a brief update on the Bears Ears National Monument, noting that the new resource management plan was signed on January 14 and became effective immediately with implementation beginning on February 17.
Cortez noted staff has gone through changes three times already. 
“So, we’ll see what happens, New executive orders, new processes. But within our current regulations, we will be working under this plan until another plan can take its place regardless of monument designation.”
Cortez said some restrictions will be applied, noting wood hauling previously allowed for permittees to go 150 feet off an established road, but now vehicles will need to remain on the road. 
Cortez also noted certain zones in the monument will limit recreational group activities to sizes to about 30 and 15, although when questioned he did clarify the limits were not in every zone. 
When asked about hiking restrictions, Cortez said hikers will be encouraged to stay on trails through signage, although it is not mandatory.
Cortez added that in the meantime, they will conduct regular business, including prescribed burns, and internships with Utah State University Blanding and other regional colleges. 
Cortez also highlighted other efforts, including partnership with the National Forest Foundation, to help with grants for local businesses such as the Monticello-based Mountain Fellar Tree Service. They will cut and deliver wood to local Navajo Nation chapters.
Cortez noted the Forest Service helps facilitate clearances on the forest and works in coordination with multiple entities.
Members of the commission also approved a bid for gravel crushing at the Zeke’s Hole Pit. The low bid from Brown Brothers Construction was just over $200,000 for the project.
Members of the commission also approved a one-year contract with Datafy to gather tourism-related data for the county to learn and understand demographics, and behaviors of visitors.
The County Visitor Services office says the information about visitor origins, length of stays, areas visited, spending data and other information will all help in strategic marketing decisions for the county.
The commission approved the $15,000 one-year contract.